Citing "the horrific abuse of power and misuse of trust by a court-appointed conservator," a federal judge in Nashville has awarded nearly $700,000 to a mentally disabled Clay County couple victimized by sexual and financial abuse for more than six years.
In a 12-page order issued Tuesday, U.S. District Judge Kevin H. Sharp ordered Walter M. Strong of Celina to reimburse the couple for money he misappropriated and to pay damages to the wife for sexual battery charges.
Sharp cited testimony that Strong, 77, promised the woman candy or something from the store in return for sex.
"Defendant had complete control over plaintiffs' lives and their money and he used that control for his own needs and evil desires," Sharp wrote.
Strong already had pleaded guilty to theft and sexual battery charges and served nine months of a 385-day prison sentence before being released in October. He is on probation and has been ordered to pay restitution of $105,480 in the criminal case.
The case first came to light last year as the state General Assembly was considering a series of reforms in the state conservatorship laws. Those changes, including provisions to provide additional protections to wards, were approved and went into effect July 1.
As Sharp noted, Strong appeared as his own attorney and offered little or no defense to the charges, though he did dispute some of the claims of how he had used the couple's funds.
"Defendant utilized plaintiffs' funds as if they were his own," Sharp wrote, adding that Srong coerced the wife into performing sexual acts and required the husband "to provide labor and services without remuneration."
Court records in Clay County show that the couple were placed in a conservatorship in 2004 by a Clay County judge. Strong was removed as the conservator on July 5, 2011, after state officials, tipped by a neighbor to the abuse, filed an emergency petition with the court.
Kelly Tayes, who operates a conservatorship business, was then named to replace Strong.
Tayes testified in the civil suit she filed on the couple's behalf that the sexual abuse was "the most horrific" she had seen in 18 years of acting as a conservator.
How much money the couple will collect remains unclear. Sharp, in his ruling, noted Strong's limited resources: a pension from the state of Pennsylvania, five acres of land assessed at $38,000 and a pickup truck worth $37,000 but with a $12,000 outstanding lien.
Sharp wrote that the husband was forced to provide free labor for Strong. That work included tending a large garden and feeding the conservator's cattle. He noted violations of the federal law and the state Adult Protection Act. Sharp did reduce the award for the forced labor performed by the husband from a requested $64,800 to $25,000, stating that the record did not make clear exactly how many hours the husband had worked.
The couple's attorney, Craig Fickling Jr. of Cookeville, was awarded $10,000 in legal fees even though he had agreed to drop the claim.
$105,000 on meals
Sharp wrote that some of Strong's explanations for his actions would border on the laughable were they not so serious. For example, he noted that Strong spent $105,000 of the couple's money on restaurant tabs, plus additional payments from their assets for the purchases of a tractor, bedroom set and cattle feed.
He said Strong's claims that the couple benefited from those purchases defied credulity.
"The couple," he wrote, "lived in a filthy and dilapidated trailer that they were purchasing from the defendant."
Tayes said she was pleased with the ruling and plans to meet with the couple, now living in the Cookeville area, to read and explain it to them.
She said the wife has been "doing better" though she is still troubled by what has happened to her.
Contact Walter F. Roche Jr. at 615-259-8086.
In a 12-page order issued Tuesday, U.S. District Judge Kevin H. Sharp ordered Walter M. Strong of Celina to reimburse the couple for money he misappropriated and to pay damages to the wife for sexual battery charges.
Sharp cited testimony that Strong, 77, promised the woman candy or something from the store in return for sex.
"Defendant had complete control over plaintiffs' lives and their money and he used that control for his own needs and evil desires," Sharp wrote.
Strong already had pleaded guilty to theft and sexual battery charges and served nine months of a 385-day prison sentence before being released in October. He is on probation and has been ordered to pay restitution of $105,480 in the criminal case.
The case first came to light last year as the state General Assembly was considering a series of reforms in the state conservatorship laws. Those changes, including provisions to provide additional protections to wards, were approved and went into effect July 1.
As Sharp noted, Strong appeared as his own attorney and offered little or no defense to the charges, though he did dispute some of the claims of how he had used the couple's funds.
"Defendant utilized plaintiffs' funds as if they were his own," Sharp wrote, adding that Srong coerced the wife into performing sexual acts and required the husband "to provide labor and services without remuneration."
Court records in Clay County show that the couple were placed in a conservatorship in 2004 by a Clay County judge. Strong was removed as the conservator on July 5, 2011, after state officials, tipped by a neighbor to the abuse, filed an emergency petition with the court.
Kelly Tayes, who operates a conservatorship business, was then named to replace Strong.
Tayes testified in the civil suit she filed on the couple's behalf that the sexual abuse was "the most horrific" she had seen in 18 years of acting as a conservator.
How much money the couple will collect remains unclear. Sharp, in his ruling, noted Strong's limited resources: a pension from the state of Pennsylvania, five acres of land assessed at $38,000 and a pickup truck worth $37,000 but with a $12,000 outstanding lien.
Sharp wrote that the husband was forced to provide free labor for Strong. That work included tending a large garden and feeding the conservator's cattle. He noted violations of the federal law and the state Adult Protection Act. Sharp did reduce the award for the forced labor performed by the husband from a requested $64,800 to $25,000, stating that the record did not make clear exactly how many hours the husband had worked.
The couple's attorney, Craig Fickling Jr. of Cookeville, was awarded $10,000 in legal fees even though he had agreed to drop the claim.
$105,000 on meals
Sharp wrote that some of Strong's explanations for his actions would border on the laughable were they not so serious. For example, he noted that Strong spent $105,000 of the couple's money on restaurant tabs, plus additional payments from their assets for the purchases of a tractor, bedroom set and cattle feed.
He said Strong's claims that the couple benefited from those purchases defied credulity.
"The couple," he wrote, "lived in a filthy and dilapidated trailer that they were purchasing from the defendant."
Tayes said she was pleased with the ruling and plans to meet with the couple, now living in the Cookeville area, to read and explain it to them.
She said the wife has been "doing better" though she is still troubled by what has happened to her.
Contact Walter F. Roche Jr. at 615-259-8086.
No comments:
Post a Comment
Thank you for commenting.
Your comment will be held for approval by the blog owner.